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<br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl of Nalunil Resources <br />I it 3 Sherman SL, Ronm 215 <br />Denver, Calowdo BO203 <br />Phone: (3031 866-3567 <br />FAX: IJn Il 83?8106 <br />March 25, 1999 <br />Mr. Butch Southway <br />Southway Construction Co., Inc. <br />117 White Pine Dr. <br />Alamosa, CO 81101 <br />111 Illllllllllll III ^E <br />DIVISION OF <br />MINERALS <br />GEOLOGY <br />RECLAMATION <br />MIN ING•SAFETY <br />RE: Conducting Mining Operations Without a Reclamation Permit, Reason <br />A Violation E!dsts, Adjacent to Stage Stop Pit in Saguache County <br />Dear Mr. Southway: <br />On March 17, 1999, we conducted an inspection of the Stage Stop Pi[ mining operation <br />Construction Co, Inc. was conducting mining operations which have affected ]ands in exces <br />to the permit area. Due to the size of the affected area, and the fact that the entire excavati <br />area boundary, this Division feels that this constin:tes mining without a permi[. <br />Bill Owens <br />Governor <br />Greg E. Walther <br />E.ecuuve Director <br />Michael B. Long <br />Division D~reaor <br />Believe <br />and found Southway <br />of ten acres adjacent <br />in is outside a permit <br />We believe this is in violation of the Colorado Land Reclamation Act for the Extraction of nstruction ivlaterials <br />34-32.5-101 et. seq• (C.R.S. 1984 and 1994 supp.) and specifically, Sec[ion 34-32.5-109 whi h requires all persons <br />to obtain a reclamation permit from the Mined Land Reclamation Board or Division of Miner sand Geology hefore <br />engaging in a new mining operation. <br />Therefore, we have found reason to believe a violation exists and have scheduled Butch Southway and Southway <br />Construction Co., Inc. and this matte[ before the Mined Land Reclamation Board. <br />A Formal Public Hearing will be held during the April 28-29, 1999, Board meeting for con ideration of possible <br />violation. The hearing will be held in Room 318 of 1313 Sherman Street, Denver, Colora o, beginning at 9:00 <br />a.m. or as soon thereafter as the matter can be considered, and you will have the opportunity o be represented and <br />heard. It will be reiterated that there is reason to believe that you are in violation of the pr isions noted above. <br />If the Board finds a violation at this hearing, it may issue a cease and desist order, and/or a <br />the amount of $1000.00 to $5000.00 for each day the land has been affected, not to exceed <br />If you have evidence indicating that the possible violations noted above do not exist or have <br />provide it to us as soon as possible or bring it to the hearing. <br />The a[iached inspection report lists specific dates by which correuive actions or remediatio <br />shall be corrected. Please provide us with notice and photo;raphs of the completed work <br />Prompt correc[ion of the listed problems may significantly reduce any civil penalties the Bo <br />~ rn~~-~s <br />OF CO ORAL <br />a civil penalty in <br />days. <br />corrected, please <br />of a listed problem <br />s soon as possible. <br />rd may levy. <br />